Patent Litigation Attorney Serving New York and Worldwide
Patent litigation is where innovation meets the courtroom. It involves defending your ideas and resolving disputes over your patent rights.
Whether you're a startup looking to protect your groundbreaking invention, a corporation defending your hard-earned patent portfolio, or somewhere in between, protecting your patent is a key part of maintaining your business interests.
At David L. Cohen, P.C., we help innovators, entrepreneurs, and corporations safeguard and defend their innovations and intellectual property through patent prosecution and litigation. From small businesses to multinational corporations, our goal is to provide strategic insights and proactive solutions that address your patent-related challenges.
Located in New York, New York, we serve clients across the United States and worldwide. Contact us today to schedule a consultation.
An Overview of Patent Prosecution and Litigation
Patent prosecution and litigation are specialized areas of intellectual property law that involve securing, protecting, and resolving patent disputes. There are two primary components of involved in patent protection: prosecution and litigation.
Patent Prosecution
This refers to the process of obtaining patent rights from the United States Patent and Trademark Office (USPTO). It includes:
Preparing and filing patent applications
Responding to official actions from the USPTO
Securing the successful approval of your patent
Securing a strong patent demands both technical skill and strategic vision. Any missteps during this process can expose your patent to challenges or potential infringement.
Patent Litigation
Unlike patent prosecution, patent litigation occurs when conflicts arise over the infringement, validity, or enforceability of a patent. This involves:
Pursuing or defending actions in federal courts
Handling disputes at the International Trade Commission
Resolving conflicts through alternative resolution processes
Effective patent litigation requires a balance of assertiveness and efficiency to make sure your intellectual property rights are protected and upheld.
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New York Laws Governing Patent Prosecution and Litigation
In New York, patent prosecution litigation often presents challenges. Although patents are governed by federal law, state-specific factors can influence intellectual property disputes, especially in matters related to contractual obligations and jurisdiction.
Non-Disclosure and Employment Agreements
New York law significantly influences the interpretation of NDAs and employment agreements, particularly when they pertain to intellectual property. Agreements governing intellectual property development, licensing terms, and trade secrets must align with New York's robust contract law to improve their enforceability in the state.
Choice of Forum
New York’s federal courts often serve as venues for patent disputes due to New York’s prominence as a global business hub. This makes the state a frequent battleground for high-profile intellectual property cases and often requires additional awareness of local procedural norms and practices.
Alternative Dispute Resolution
New York encourages alternative methods, such as mediation and arbitration, for resolving disputes. Although these methods save time and money, achieving the desired results depends on carefully crafted and expertly executed strategies.
Role of Federal Courts
Patent litigation in New York is typically handled by federal courts, as patent law falls under the jurisdiction of the federal government. New York state is home to prominent federal district courts, such as the Southern District of New York, which are known for managing high-stakes patent disputes.
How We Can Help with Patent Prosecution and Litigation
At David L. Cohen, P.C., we recognize that no two patent challenges are the same, and that success hinges on understanding the unique elements of your innovation or business. Our attorney will work with you to design solutions tailored to your challenges and goals. Some of the ways our firm can help include the following.
Comprehensive Patent Portfolio Management
For businesses with large patent portfolios, regular maintenance and updates are key to staying competitive. Our services can help evaluate the strength of your patents, enforce them effectively, and identify opportunities to expand your intellectual property coverage, so your portfolio remains a strategic asset.
Patent Prosecution Services
We streamline the prosecution process for our clients, handling everything from preliminary research to drafting applications and coordinating communications with the U.S. Patent and Trademark Office (USPTO). Our goal is to create applications that not only secure approval but also remain robust against future challenges.
Aggressive Litigation Strategies
When your intellectual property is infringed upon, fast and decisive action is necessary. We work proactively to enforce your rights through well-crafted litigation strategies. If your business faces wrongful accusations, we offer dedicated representation to protect your innovations and uphold your reputation.
Cross-Border Patent Matters
Operating on a global scale often complicates international patent protection and disputes. We help businesses deal effectively with varying patent laws across countries.
Clear Communication at Every Step
Our clients value our clear and transparent approach. Patent law can often be complicated, but we explain the process in simple, accessible terms. From the lifecycle of a patent application to the risks and opportunities in litigation, we’re here to guide you at every step.
Patent Prosecution and Litigation Attorney in New York and Worldwide
At David L. Cohen, P.C., we bring decades of hands-on experience to the table, offering legal knowledge, strategic foresight, and customized solutions to every intellectual property challenge. If you require assistance with patent prosecution or patent litigation, our attorney has the skill and experience to help.
Based in New York, New York, we serve clients in the United States and worldwide. Contact us today to schedule a consultation.